Terms and conditions

1. INTRODUCTION

This Website provides documentation and a sandbox for the Open Banking APIs provided by members of the ICICI Bank UK. The data provided through the associated APIs relates to the UK only, and is prepared to the Open API, data format and security standards as maintained by the Open Banking Implementation Entity (OBIE).

This document sets out the terms governing your use of this Website together with the provision and use of any data obtained through APIs hosted on or accessed via this Website, to the extent allowed by law. By accessing this Website, you agree to be bound by the Terms and so, before using this Website, you should read the Terms carefully as well as the Privacy Policy.

We may change the content or services found on this Website at any time without notice, and consequently our Terms or Privacy Policy may change at any time in future. You agree to revisit this Website regularly and your continued access to or use of this Website will mean that you agree to the changes. In the event there is any conflict between these Terms and the provisions of any applicable licence to use the APIs under the Open Banking framework, the terms of the license will take priority.

For the avoidance of doubt, by entering into these Terms you confirm you are acting in a strictly business capacity and not as a "consumer" (i.e. you are not an individual acting in a non-business capacity).

THESE TERMS AND PARTICULARLY CLAUSE 6, EXCLUDE OR LIMIT OUR LEGAL LIABILITY FOR THIS WEBSITE AND YOU SHOULD READ THESE TERMS CAREFULLY.

If you do not agree with these Terms or the Privacy Policy please do not access the Website or use the APIs.


2. DEFINITIONS

In these Terms, the following definitions apply:

a. APIs means the API provided by ICICI Bank UK Plc and made available on the Site. For the avoidance of doubt APIs does not include any third party APIs which may be offered through this Website.

b. Terms means these terms and conditions.

c. 'You', 'your' and 'yours' means the person(s) accessing this Website or any other local website or using the APIs;

d. 'We', 'us' and 'our' means ICICI Bank UK PLC;

e. Website, means this website and its associated APIs; and


3. ABOUT THIS WEBSITE

a. This Website gives you information about the open banking APIs provided by us and is an information source and sandbox to inform software developers how to access our Open Banking APIs. You cannot purchase products or services from this Website directly.

b. Some pages on this Website may contain hypertext links to websites not maintained by us and we are not responsible for their content. You are reminded that when you enter other websites via such hypertext links, you will not be subject to these Terms and you will not benefit from the protections afforded to you in using our Website.

The Website is intended for those who access it from within the United Kingdom - and because of this we cannot guarantee that the Website or the information thereon complies with law or regulation, or is appropriate for use, in other places.


4. ACCESS AND USE OF THE WEBSITE

a. In consideration of your compliance with the Terms, we grant you a non-exclusive, royalty free, revocable, non-transferable and non-sub licensable licence to access and use the APIs for the purposes of testing the APIs with your system and services.

b. Your use of any third party APIs (other than those provided by us and available on this Website) are subject to any relevant licence terms including but not limited to the Open Banking Open Licence (https://www.openbanking.org.uk/wp-content/uploads/Open-Licence.pdf)

c. You are responsible for your access to the Website and for all activities that occur under your account. If you know or suspect that anyone other than you knows your user name or password or any identification details relating to your organisation you must immediately notify us.

d. Your use of any third party links contained on this Website is at your own risk. We are not responsible for the content of any other web sites or pages linked to or from this Website and have not verified the content of any such web sites, or pages.

e. You acknowledge that you will ensure compliance with all applicable law in connection with your use of this Website and the APIs.


5. PROHIBITED USES

You must not facilitate or enable others to:

a. use the Website in a manner that infringes the intellectual property, privacy, confidentiality or any other rights of any third party (or in a manner which otherwise breaches law or regulation);

b. introduce a virus, worm, trojan, webbot, trapdoor or any other similar software or code into the Website;

c. use the Website in a manner that may be regarded as being false or misleading to us;

d. generate unnecessary or excessive calls or volumes of activity on or through the Website; and/ or

e. use the Website for any reason other than that for which your access was granted.


6. NO WARRANTIES AND LIMITATION OF LIABILITY

The following clauses exclude or limit our legal liability for this Website. You should read them carefully. They all apply only as far as the law permits, and in particular we do not exclude or restrict our duties and liabilities to you under the Financial Services and Markets Act 2000, or the rules of the FCA for the conduct of business.

a. The information contained on this Website is for information purposes only. We do not hold ourselves out as providing legal, financial or other advice via this Website.

b. The contents of the Website are distributed to you without any warranty of any kind. We and any third-party content providers disclaim any and all warranties. Information on this Website is provided on an "as is", "as available" basis and to the fullest extent permitted by law we do not give or make any warranty or representation of any kind, whether express or implied in respect of such information whether in respect of this Website. Your use of this Website is at your sole risk.

c. Whilst the data provided through this Website’s APIs is as accurate, comprehensive and up-to-date as reasonably practicable, no warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any information. We do not warrant the accuracy, adequacy, completeness or timeliness of the information, material, products and services or the error-free use of this Website.

d. To the extent permissible by law and subject to the requirements of the Open Banking framework:

i. We do not represent or warrant that this Website will be constantly available or that it will meet your requirements, that access will be uninterrupted, or that there will be no delays, failures, errors or omissions or loss of transmitted information.;

ii. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with this Website and

iii. We shall not be liable for any damages, losses or liabilities including without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities, in connection with your use of this Website or your reliance on or use or inability to use the information, materials, products and services on the Website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or line or system failure, even if you advise us of the possibility of such damages, losses or expenses.


7. INTELLECTUAL PROPERTY

a. Save where otherwise specified, the intellectual property rights (howsoever defined) in the pages, screens, information, and all material in their arrangement, included in the Website is owned by us. Reproduction of part or all of the contents of these pages in any form is prohibited unless otherwise agreed with us.

b. You may make an electronically stored, transient copy of these web pages for the purpose of viewing them on-line only.


8. CONTACT US

You can contact us at psd2.helpdesk@macroglobal.co.uk


9. MISCELLANEOUS

a. Law and Compliance: You must at all times comply with all applicable Laws.

b. Relationship of the Parties: The parties are independent persons and nothing in these Terms shall be construed so as, or is intended, to create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

c. Disputes: You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to us for which we may not have an adequate remedy in money or damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. Our right to obtain injunctive relief will not limit our right to seek or obtain further remedies.

d. Third Party Rights: A person who is not Party to these Terms may not enforce any term of these Terms under the Contracts (Rights of Third Parties) Act 1999.

e. Notices and Communications: We may send notices to you using the details (including email address) specified during your enrollment for an account.

f. Assignment: You are not entitled without our prior written consent to:

i. assign, transfer, or permit the exercise by any person of any of, your rights under these Terms; or

ii. transfer or subcontract any of your obligations under these Terms.

We may freely sub-contract, assign or novate these Terms and our rights and benefits under it to any ICICI group company or to any third party.

g. Entire Agreement: These Terms, together with the documents referred to in it, constitutes the entire agreement and understanding between the Parties in respect of the matters dealt with in it and supersedes, cancels and nullifies any previous agreement between the Parties in relation to such matters.

h. Governing Law and Jurisdiction: These Terms of Use and any non-contractual obligations arising or matters from it or its performance are governed by English law and the English courts shall have exclusive jurisdiction in respect of any dispute, which may arise.